LEVORY W. HICKMON
v.
RACHEL BUSHEY REESE, P.A.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An argument challenging the dismissal of a complaint with prejudice is waived on appeal when it is not presented to the trial court.
[1] An issue is waived on appeal when the specific legal argument or ground to be raised on appeal is not first presented to the trial court, even if the general issue was ra…
[2] An appellant's failure to present a specific legal argument to the trial court prevents preservation of that issue for appellate review.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“For an issue to be preserved for appeal, it must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.”
Court's statement of the preservation rule governing appellate arguments.
Appellant's civil complaint for monetary damages was dismissed with prejudice. Appellant appealed, claiming the trial court abused its discretion by n…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Amend Complaint cases and more on FLexlaw
July 16, 2019 PER CURIAM.
We treat Appellee’s “notice of confession of error and request for remand” as Appellee’s answer brief. However, we decline to accept the concession, and we affirm. See Perry v. State, 808 So. 2d 268, 268 (Fla. 1st DCA 2002) (a confession of error is not binding upon an appellate court) (citations omitted); see also Markham v. N. Fla. Evaluation & Treatment Ctr., 248 So. 3d 1274 (Fla. 1st DCA 2018).
Appellant claims that the trial court abused its discretion by dismissing his civil complaint for monetary damages with prejudice because he was entitled to amend it pursuant to Florida Rule of Civil Procedure 1.190(a). However, the record reflects that Appellant never presented this argument to the trial court below
2
nor attempted to amend his complaint. Generally, “the rule of preservation applies to the improper dismissal of a complaint with prejudice.” Shelswell v. Bourdeau, 239 So. 3d 707, 708 (Fla. 4th DCA 2018) (citing Vorbeck v. Betancourt, 107 So. 3d 1142, 1147 (Fla. 3d DCA 2012)). “For an issue to be preserved for appeal, it must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.” Holland v. Cheney Bros., 22 So. 3d 648, 649–50 (Fla. 1st DCA 2009). When there is no indication that an argument challenging a motion to dismiss was first presented to the trial court, the argument will be deemed waived on appeal. See Metro. Cas. Ins. Co. v. Tepper, 969 So. 2d 403, 405 (Fla. 5th DCA 2007), approved, 2 So. 3d 209 (Fla. 2009).
Because Appellant’s claim is not preserved for appellate review, we decline Appellee’s confession of error and affirm.
RAY, C.J., and BILBREY and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sec. First Ins. Co. v. Barrett E. Campbell (Fla. 5th DCA 2026)
Authorities Cited
- Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009)
- Perry v. State, 808 So. 2d 268 (Fla. 1st DCA 2002)
- Vorbeck v. Betancourt, 107 So. 3d 1142 (Fla. 3d DCA 2012)
- Holland v. Cheney Bros., Inc., 22 So. 3d 648 (Fla. 1st DCA 2009)
- Metro. Cas. Ins. Co. v. Tepper, 969 So. 2d 403 (Fla. 5th DCA 2007)
- Shelswell v. Bourdeau, 239 So. 3d 707 (Fla. 4th DCA 2018)
- Markham v. N. Fla. Evaluation & Treatment Ctr., 248 So. 3d 1274 (Fla. 1st DCA 2018)